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Being Sued By Portfolio Recovery


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1. Who is the named plaintiff in the suit? -   PORTFOLIO RECOVERY ASSOCIATES

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -  EMILY PIERCE (Bar #240084)/ JORDAN D COOK (Bar # 179720) / LORI N WILLIAMS (Bar #242985) / KRISTEN L BRINKEROFF (Bar #263579) / ROBERT CARDWELL (Bar #121986)  PORTFOLIO RECOVER ASSOCIATES LLC, 120 CORPORATE BOULEVARD, NORFOLK, VA  23502


3. How much are you being sued for? - $2,598.06

4. Who is the original creditor? (if not the Plaintiff) - GE CAPITAL RETAIL BANK / CHEVRON & TEXACO

5. How do you know you are being sued? (You were served, right?) - YES LAST SUNDAY JUNE 1, A YOUNG MAN CAME TO THE DOOR AND IF I WAS ------.   I SAID YES, THEN HE HANDED ME THE DOCUMENTS, DID NOT HAVE TO SIGN ANYTHING. SIMPLY STRETCH OUT ARM AND GAVE ME DOCUMENT AND TOLD ME THAT THIS WAS A SUMMONS.

6. How were you served? (Mail, In person, Notice on door)  - IN PERSON

7. Was the service legal as required by your state? - NOT SURE.  JUST GOT NERVOUS FORGET TO ASK HIS NAME OR FROM WHERE HE IS.  HE APLOLIGIZE AND TOLD ME IT WAS HIS JOB AND LEFT.  I ASKED HIM WHAT WAS I SUPPOSE TO DO, AND HE SHOWED ME THE PHONE NUMBERS TO CALL THE PLANTIFF AND WHERE THE COURT HOUSE IS.

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? - NONE.  EVERYTHING WAS DONE ON PHONE.  NO WRITTEN CORRESPONDENCE BY ME

9. What state and county do you live in? - CALIFORNIA, CONTRA COSTA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - October 2011

11. What is the SOL on the debt? To find out - ORAL (2 YEARS)  /  WRITTEN (4 YEARS) /  PROMISSORY (4 YEARS)

 

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 

Complaint Number: 1 Complaint Type: CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) Filing Date: 05/06/2014 Complaint Status: ACTIVE Party Number Party Type Party Name Attorney Party Status 1  PLAINTIFF  PORTFOLIO RECOVERYASSOCIATES,LLC    First Paper Fee Paid  2  DEFENDANT  -----------------   Served 06/01/2014 

 

  05/04/2015 7:00 AM DEPT. -- CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT        11/04/2014 7:00 AM DEPT. -- CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT  VACATED      06/05/2014  PROOF OF PERSONAL SERVICE FILED ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 05/06/2014 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO MARIA RAMOS WITH SERVICE DATE OF 06/01/14   Not Applicable  N/A    05/07/2014  PLACED ON CLERK'S TICKLER CALENDAR FOR 11/04/14, AT 7:00 IN DEPT. 34         05/07/2014  PLACED ON CLERK'S TICKLER CALENDAR FOR 5/04/15, AT 7:00 IN DEPT. 34         05/06/2014  CASE ENTRY COMPLETED  Not Applicable      05/06/2014  ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 05/06/2014 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED   Not Applicable  N/A    05/06/2014  COLOR OF FILE: GREY   Not Applicable      05/06/2014  DECLARATION OF PLAINTIFF FILED RE: REDUCED FILING FEE   Not Applicable  N/A    05/06/2014  COMPLAINT FILED; SUMMONS IS ISSUED   Not Applicable      05/06/2014  CASE HAS BEEN ASSIGNED TO DEPT. --    

 

PORTFOLIO RECOVERY VS ----------
MSL14-02160
Case Status: ACTIVE
 

Complaint Number   Filing Date   Complaint Type   Status   1 05/06/2014 CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) ACTIVE


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  - i FULLY ACKNOWLEDGE THAT THIS DEBT WAS MINE FROM CHEVRON

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. - I HAVE REQUESTED WRITTEN STATEMENTS BUT WAS - DENIED.

 

 

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  - I HAVE 30 DAYS CALENDAR DAYS AFTER THIS SUMMONS & LEGAL PAPERS ARE SERVED ON "YOU" TO FILE A WRITTEN RESPONSE

 

The documents are as follows:  THE SUMMONS / COMPLAINT / CAUSE OF ACTION (COMMON COUNTS) / ANSWER-CONTRACT (PLD-C-010) / CASE MANAGEMENT STATEMENT (CM-110) / ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION (CV-659E) / CASE QUESTIONNAIRE FOR LIMITED CIVIL CASES (DISC-010)

 

 

COMPLAINTS:   x)  COMPLAINT

                          x) ACTION IS A LIMITED CIVIL

                               xDOES NOT EXCEED  $10,000

                         3A)x EACH PLAINTIFF (NAME):  PORTFOLIO RECOVERY ASSOCIATES, LLC

                               xOTHER (SPECIFY):  A LIMITED LIABILITY COMPANY QUALIFIED TO DO BUSINESS IN CALIFORNIA

 

 

                         

 

 

 


Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

 

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